June 24, 2009 - Order re: 4th Amended Statement of Claim - Wagners

care costs, medical costs, loss of amenities and enjoyment of life, anxiety,
nervous shock, mental distress, emotional upset, and out of pocket expenses.
139. 115.Each Plaintiff herein asserts a claim for each of the types of damages listed
above.
(B)
Medical Monitoring: Responding to Material Risk of Illness
140. 116.Further, the inhalation, ingestion and dermal exposure to the Contaminants
emitted by all of the Defendants have also caused or materially contributed to
increased risks of cancer and lung disease to the Plaintiffs and other Class
Members. As a result of the exposure, the Plaintiffs and Class Members have
already and will continue to experience illness, anxiety, loss of amenities and
enjoyment of life, and a number will die premature deaths.
141. 117.There are medically accepted tests and diagnostic tools which, if used properly
and on a timely basis, will detect at an early stage the diseases and conditions
which may result from the exposure of the Plaintiffs and Class Members to the
Contaminants emitted by all of the Defendants. However, not all of these tests
are generally available or being administered to the Plaintiffs and Class Members
despite their elevated risk. The early detection of these diseases and conditions
will significantly reduce the harm and risk of death therefrom.
142. 118.The Plaintiffs and Class Members seek to recover damages in the form of the
total funds required to establish a 'medical monitoring' process to be made
available to the Plaintiffs and Class Members. Such damages include the costs
of medical screening and treatment incurred by or on behalf of the Class.
143. 119.The damages referred to above may have been incurred directly by the
Plaintiffs and Class Members, or may constitute subrogated claims owed to
provincial health insurers, or to private health, disability, or group benefit insurers.
144. 120.The Plaintiffs further allege that the establishment of a medical monitoring
process is a necessary and appropriate step for all of the Defendants to take in
the course of fulfilling their obligation to minimize the damages suffered by
Plaintiffs and Class Members.
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